Divisional Courts
| DOI | 10.1177/002201837704100403 |
| Date | 01 October 1977 |
| Published date | 01 October 1977 |
| Subject Matter | Article |
Divisional Courts
Comments on Cases
LIMIT OF COMPENSATION
Quigley v.
Stokes
S.35{1)
of
the Powers
of
Criminal Courts
Act
1973 gives
the
Court
power, subject to
the
provisions
of
the
Act
to
make
an order,
where aperson is convicted
of
an
offence:-
'requiring him
to
pay
compensation for
any
personal injury,
loss or damage resulting from
that
offence.'
Sometime
between
11.00 p.m.
on
the
5th
December
1975
and
8.30 a.m. on
the
6th
December Terence Quigley stole aMorris
Oxford
car from Scholes Lane, St. Helens. He had no licence
and
no insurance.
At 12.45 p.m.
on
the
6th
December, while he was driving along Scholes
Lane,
St.
Helens he collided
with
a Viva car, also driving along there.
He
then
swerved and drove
into
another
Viva
parked
in Scholes Lane.
He pleaded guilty before
the
St. Helens Magistrates
(1977
2A.E.R.
317)
to unlawfully taking a
motor
vehicle, driving
without
a driving
licence
and
driving
with
no insurance.
In
addition
to
various penalties,
the
defendant
was ordered
to
pay
£278
compensation
in respect of
the
damage
to
the
stolen car
and
the
two
Vivas. He appealed
by
way
of
case
stated
to
the
Divisional
Court,
in respect
of
the
order
for compensation relating
to
the
two
Vivas. He accepted
that
because
of
the
provisions
of
ss.2 s.35
of
the
Act he was liable to
pay
compensation for
the
damage to
the
Morris
Oxford,
he
had
taken.
ss.3 s.35 provides
that:-
'No
compensation
order
shall be
made
...
and
no such order
shall be
made
in respect
of
injury loss
and
damage
due
to
an accident, arising
out
of
the
presence
of
a
motor
vehicle
on a road,
except
such damage as is
treated
by
sub section 2
as resulting from
the
Act.'
The
Justices
had
ordered compensation because
they
said
the
col-
lision
had
occurred as -
'an
almost inevitable result
of
the
unlawful taking
and
driving
of an
unroadworthy
vehicle
by
an unlicensed driver.'
188
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